Shea v Waverley Council [2010] NSWLEC 1133

Land and Environment Court of New South Wales

CITATION : Shea v Waverley Council [2010] NSWLEC 1133

APPLICANT Michael Shea PARTIES : RESPONDENT Waverley Council

FILE NUMBER(S) : 10182 of 2010

CORAM: Fakes C

KEY ISSUES: DEVELOPMENT APPLICATION :- Garage Impact on streetscape

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Waverley Local Environmental Plan 1996

Zhang v Canterbury City Council [2001] NSWCA 167 Sailor v Waverley Council [2009] NSWLEC 1328 CASES CITED: Lucas v Waverley Council {2009] NSWLEC 1390 Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 Segal & Anor v Waverley [2005] NSWCA 310 Goldin & Anor v Minister for Transport...[2002] NSWLEC 75

DATES OF HEARING: 01/06/2010

DATE OF JUDGMENT: 4 June 2010

APPLICANT Ms V Culkoff, barrister INSTRUCTED BY JPR Legal Pty Ltd LEGAL REPRESENTATIVES: RESPONDENT Mr S Patterson, solicitor SOLICITORS Wiltshire Webb Staunton Beattie Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Fakes C

4 June 2010

10182 of 2010 Shea v Waverley Council

JUDGMENT 1 COMMISSIONER: This is an appeal made under s 97(1) of the Environmental Planning and Assessment Act 1979 (the Act) against the refusal by Waverley Council (the council) to grant consent to Development Application 286/2009 for the construction of a new garage with a terrace and roof above at 2 Andrew Street Bronte (the site). The issues 2 The key contention between the parties relates to whether the proposed development is inconsistent with the streetscape and will therefore have a detrimental impact on the streetscape due to the dominance of the proposed 'podium style' garage structure. The council also contends that, should it be approved, it will set an undesirable precedent for future development in the street.